Taunton, MA asked in Workers' Compensation for Massachusetts

Q: is there a logically explanation why my worker comp attorney failed to request obtain or utilize my medical records

My attorney never obtained my medical records and failed to present them to the DIA.

I had one provider fax mental health records, faxed and confirmed. He failed to submit these as well.

All of my providers have written sworn affidavits and letters confirming my allegation.

Why would an attorney fail to do such an obvious necessary?

Could there be a logical explanation why providers are still unpaid due to suppression of my related medical records.

Having trouble comprehending

Thank you

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1 Lawyer Answer
Michael Levin
PREMIUM
Michael Levin
Answered
  • Workers' Compensation Lawyer
  • Framingham, MA
  • Licensed in Massachusetts

A: I'm sorry, but I can't answer your question. Generally speaking, all medical records should come forward. I have no idea why your existing attorney didn't get your records for you. Two possibilities come to mind, but they are just off the cuff guesses. One is that the insurance company subpoenaed your records themselves and getting them again would have been duplicative. Another is that they simply weren't useful, or else included information that may have been damaging your case. As for the affidavits, without knowing more about your situation, I really can't say. Assuming your attorney knew about them and what they said, my guess is that they just weren't helpful.

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